Legal Question in Credit and Debt Law in California
I got hit by motorcycle. Got $30,000 settlement. Father was holding $10,000 to give me exactly a year after I got the settlement. Come to find out he used the money for rent,food,bills,etc. Won't pay me back. The check was in
My name. What law did he break? How should I pursue it? If I did take him to court what could I get out of it?
1 Answer from Attorneys
If your father will not pay you back, then your remedy is in court. If you win, you will get a judgment for the money your father kept from you, plus interest, plus whatever other damages you can prove.
The jurisdictional limit of small claims court in California is usually $10,000 -- though there are exceptions. If your damages exceed that amount, then you must either waive the balance of your damages, or you must sue in superior court.
An attorney may be able to help you simply by writing a letter to your father and asking that you be repaid.
Best of luck to you.
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